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PEOPLE v. MC NEIL

24 N.Y.2d 550 (1969)

The People of the State of New York, Respondent, v. Alan McNeil, Charles Spain and Henry Eugene McNeil, Appellants.

Court of Appeals of the State of New York.

Decided April 23, 1969.

Attorney(s) appearing for the Case

Jonathan L. Rosner and Seth Rosner for Charles Spain, appellant.

Richard T. Farrell for Henry Eugene McNeil, appellant.

Anthony G. DiFalco for Alan McNeil, appellant.

Eugene Gold, District Attorney (William I. Siegel of counsel), for respondent.

Judges BERGAN, BREITEL and JASEN concur with Judge SCILEPPI; Chief Judge FULD dissents and votes to reverse in a separate opinion in which Judges BURKE and KEATING concur.

SCILEPPI, J.

Defendants and another were indicted and tried for the murder of Detective Donald Rolker of the New York City Police Department. The jury convicted these defendants of felony murder but were unable to reach a verdict as to the fourth codefendant. The Appellate Division, Second Department, affirmed the judgments of conviction and defendants appeal pursuant to permission granted by a Judge of this...

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